1) Social Care legislation frameworks

Social Care, health & housing have become more integrated over the last decade and will continue to do so when the new Social Care Act from April 2015 . There is a a vast area of knowledge required even for small charities to absorb and follow. This is also continuously changing and evolving. However we can assist you with some insights in the following areas of work as follows:

1) General duties social services & NHS interface
Statutory background (Local Authority & NHS functions, Powers & duties, Regulations, directions & Guidance, LGA 2000)
-Strategic Planning (Social Service & NHS obligations, JSNA, Equality duties, children ,duties to inform)
-Legality Care Assessments (Duties & assessment framework, limits, records & disputes)
-Care planning process& delivery(Promotion of independent living, choice, control; personnel budgets etc; Allocations/support plans, defects, breakdowns, delays, rejections, monitoring, etc)
-Discharge from hospitals (Safe discharge , CC (DD) A 2003 Notices, delays, obligations, NHS  etc)

2) Social Services Accommodation
-Ordinary residence (Nat Asst Act 1948, liberty safeguards, CSDPA 1970, Children Act 1989, Mental Health Act 1983 sect 117, disputed ordinary residence)
-Care Home Accommodation (  NAA 1948 –Sect 21  (accomm),sect 47/48 removal /protection, self funders, regulation, accom under Children Act 1989 sect 17, Health & Social Care Act 2001 etc)
– Charges for accommodation ( NAA 1948-Part 3, PEA, Capital, dependents, liable relatives, etc)

3) Housing & Community Care
-Responsibilities of housing authorities (joint working, funding regimes & regulation.
-Homeless person legislation, Localism Act 2011 etc)
-Grants (Disabled Facilities, grant eligible works, means testing, timescales)
-Supporting People (programme capital & revenue, shared & supported living)

 4) Domiciliary & community based services
-Statutes & Regulation ( NNA 1948 –sect 29,CSPDA 1970 Sect 2, Children Act 1989)
-Charging ( free services/charging schemes, assessment processes etc)
-Direct payments & Independent Living Fund ( HSCA 2001,charges,Indep User Trusts, NHS)

5) NHS responsibilities
-Medical /Social divide ( Nat Health Service Act 2006, NHS Constitution, NHS duties in community/care homes etc)
-Payments (NHS payments for registered nursing care in nursing homes, budget sharing, section 64)

6) Carers
-Statutory (Guidance, definitions, involvement, carers assessment, support services etc)
-Management( NHS responsibilities, conflicts, young  or parent carers, mental health carers etc)

7) Mental Health services
-Overview (National framework, assessments & care planning etc)
-Legality (Mental Health Act 1983 sect 117, charging & guardianship sect 7 etc)
-Asylum seekers (definitions, NIAA 2002 –exclusions, children, domestic violence etc)
-Overseas Nationals (EEA nationals etc)

Mental Capacity
-Overview (determination of capacity, `necessity`  & section 5 acts, etc)
-Legality (Powers of attorney, Court of Protection, social security appointees, advocate services etc)

8) Learning disability & Autism
-Services (person-centred planning/self directed support, service re-configurations, exclusions)
-Legality (definitions, Autism Act 2009, advocacy services etc)

9) Substance misusers & HIV /AIDS
-Commissioning of services (assessments, dual diagnosis, etc)

10) Older people
-Policy ( single assessment process, community care for elders etc)
– Services (Health Services & Public Health Act 1968 S 45, Health & Social Services & Social Security  Adj Act 1983 sch 9 )

11) Children in need
-Disabled children & Children Act 1989, assessments & service decisions, transition to adulthood.

12 Safeguarding
Law ( Criminal offences, safeguarding & Community Care law)
Protection (Measures, whistle-blowing, office of public guardian, High Court etc)
Confidentiality (Data Protection  Act 1998, Human Rights Act 1998)
Remedies (Local Authority & NHS Complaints, Independent  Complaints, Children, Social Care etc)
From our knowledge banks and experience we can help you put together public procurement tenders, charitable funding applications ,devise new services and review existing with the objective of tranforming them to meet new and up coming challenges in the sector. 

It costs nothing to talk to us. Our conversations are in the strictest confidence and covered by both our confidentiality agreement & Terms of Business as displayed on this website.

Please call John Brennan on 01803852270 or email john@caracommunity.co.uk.


Please note we accept no responsibility for anyone relying upon the above (which is subject to changing circumstances & legislation).To do so is entirely at your own risk .The above is simply given as a guide to the process and some of the detail involved. We recommend that readers obtain further professional advice & assistence.